Marcus Hook mayor held for trial (With Video)

By ROSE QUINN

Tuesday, April 30, 2013

UPPER PROVIDENCE -- Marcus Hook Mayor James "Jay" Schiliro was held for trial on charges of official oppression, recklessly endangering another person, unlawful restraint, false imprisonment and providing alcohol to a minor following a preliminary hearing Tuesday morning.

Schiliro, 38, showed no reaction when Magisterial District Judge Nicholas Lippincott announced his ruling based on "the totality of what was going on" in Schiliro's borough home during an encounter back in February -- when a 20-year-old Trainer man alleges he feared for his safety by the drunken, gun-wielding, suicidal mayor who'd just come out to him as being bisexual.

Lippincott rejected defense attorney Michael Malloy's argument that "this thing has spun out of control," particularly a characterization by the young accuser of being held hostage when he admitted on the stand that he not only arrived voluntarily at the mayor's Green Street residence and had opportunities to leave, but had a cellphone and was at times in control of three firearms displayed by his despondent client.

Schiliro was made to sound "like the KGB or something," Malloy told the court.

"I'm not suggesting the defendant was a hostage for an entire night," countered Delaware County Deputy District Attorney Michael Galantino, noting the young man's overriding concerns stemmed from Schiliro's overall behavior, as well as his supervisory position as mayor over the Marcus Hook Police Department.

"This young man was trapped that night," Galantino argued, asking Lippincott to look at the balance -- or imbalance -- of power that was in play between victim and defendant.

The identity of the young man, who was the lone witness to testify, is being withheld by the Daily Times because of the sexual nature of the alleged incident in the late hours of Feb. 21 into early Feb. 22. Schiliro is not charged with any sexual wrongdoing.

Schiliro, 38, of the 1000 block of Green Street, arrived at the court with his parents. Prior to the hearing, he said, "You have to take the bad with the good." He had no comment after the about 50-minute proceeding.

A Republican who dropped his bid for re-election but vowed to finish out his term following his March arrest, Schiliro remains free on $50,000 unsecured bail. A formal arraignment is scheduled May 29 at the Delaware County Courthouse.

The young man, who nervously arrived at court with his mother and another young male, was already seated on the witness stand when the hearing began. For much of the testimony, Schiliro sat with his head bowed.

The young man testified he was 12 when he met Schiliro, a neighbor with whom he had "a good friendship."

He was at a friend's house in Trainer on Friday, Feb. 21, when Schiliro sent him a text message, indicating he'd been drinking and needed someone to talk to. Though he tried putting him off by telling the mayor to go to bed, the young man said during direct questioning that he agreed to see Schiliro, but only after he received "plenty" of additional texts.

"He offered me a police officer to pick me up and take me to his house," he testified.

Under cross-examination, the young man said he told his friend that Schiliro "was acting kind of weird" and that he planned only a short visit and would return.

The young man said it took about five minutes for the uniformed Marcus Hook officer to arrive. He introduced himself to the officer then got into the back seat of the marked vehicle. He put the time at around midnight when he arrived at Schiliro's, entering the house through the front unlocked door. He found Schiliro in a rear room.

"He kept forcing drinks on me," the young man said. He recalled drinking two glasses of what Schiliro told him was wine. He was sipping a third glass when the young man said their conversation shifted to Schiliro's sexual orientation.

"We talked about him being bisexual," the young man said, adding that Schiliro admitted being attracted to him.

"I felt awkward, but at the same time, I wasn't going to judge," the young man said, recalling his reaction. He also described feelings of "discomfort."

According to the young man, Schiliro told him he was uncomfortable by his own feelings, but later asked how much money he would want to let Schiliro perform oral sex on him. Before the encounter was over, Schiliro made the sexual request 20 to 30 times.

As the time wore on that night, he said Schiliro became more and more upset. Though a gun had been in plain view on a console between two recliners in the rear room of the house, the young man said he didn't notice it until Schiliro had it in his hand.

"He pointed the gun to his head saying, 'Tonight is the night,'" the young man said of Schiliro. He proceeded to remind the mayor that his daughter was asleep upstairs.

The young man said he also reminded Schiliro that "being gay isn't a bad thing," words that seem to calm Schiliro to the point that he put down the gun.

"I snatched it so both of us were safe from that weapon," the young man said.

When Schiliro went upstairs to check on his daughter, the young man said he put the firearm out of reach. But when Schiliro returned, the young man said he had another firearm, which the mayor also put to his own head.

The young man said he again managed to put the second firearm out of Schiliro's reach. When Schiliro left the room a second time to use the upstairs bathroom, he returned with a third weapon. This time, he said Schiliro sat down and with the gun resting on his leg, turned it from side to side in the direction he wanted the young man to move around the room.

In further testimony, the young said he had been sitting next to Schiliro when he told him to stand and take off his shirt, which the young man refused. He said Schiliro asked again more forcefully, this time explaining he wanted to see if the young man was wearing a wire. He said he raised his shirt to show his chest and back, and Schiliro appeared calmer, but not for long.

Schiliro raised a gun to his own head again, the young man said, "This time it seemed a lot more serious."

It was then that Schiliro asked, "Would you be scared if I shot (the gun)?" the young man said.

When Schiliro fired the gun, the young man described himself as being scared. He added that the blast hurt his ears.

"He didn't fire at me, but it was past me," he said. "I jumped a bit. I was more terrified than before."

He said Schiliro eventually then unloaded the gun and gave everything to him.

According to the young man's direct testimony, Schiliro indicated that he'd told police to stay away from his residence. But if an officer arrived in response to the gunfire, "I was going to be a hostage," he said.

"If something were to go wrong, you might be a hostage. But nothing went wrong so you were never a hostage, right?" Malloy asked the witness during cross.

Under redirect, the young man recalled having a conversation during dinner with the mayor and his daughter about a month prior. He said Schiliro indicated he suspended a police officer for a month for failing to following a directive.

From that conversation, the young man said he believed the mayor had power over the police officers. And for that reason, he did not try to flee the mayor's residence with the firearms when he had the chance that night or call 911 for help because he thought the dispatcher would only alert local police.

To avoid any hostilities, the young man said before he left Schiloro's house, he asked and received permission.

"I shook his hand and I left the premises," he said, guessing the time at around 3 a.m.

"I was in shock," he said, adding that he went home and told his mother what had happened.

On the stand, the young man said while he was still in the house, he did not want to see the mayor hurt himself.

"What happened after I left was not my problem," he said.

After the hearing, Galantino lauded the young man for his strength and bravery to confront the mayor.

Malloy said Lippincott's ruling was not unexpected, given what he called a "relatively low burden" placed on the prosecution at this level.

Being held for court "is a far cry from being guilty," Malloy said.

Schiliro has blamed the incident on alcohol, a problem for which he said he was seeking treatment.